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SECOND REGULAR SESSION
HOUSE BILL NO. 2695
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE GRAGG.
6470H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 558.041, RSMo, and to enact in lieu thereof one new section relating to
good time and earned time credit.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 558.041, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 558.041, to read as follows:
558.041. 1. Any of fender committed to the department of corrections, except those
2 persons committed pursuant to subsection 7 of section 558.016, or subsection 3 of section
3 566.125, [ may ] shall receive additional credit in terms of days spent in confinement upon
4 [ recommendation for such credit by the of fender's institutional superintendent ] calculation of
5 such cr edit when the of fender meets the requirements for such credit as provided in
6 [ subsections 3 and 4 of ] this section. Good time credit or earned time cred it may be
7 rescinded by the director or his or her designee pursuant to the divisional policy issued
8 pursuant to subdivision (2) of subsection [ 3 ] 2 of this section.
9 2. (1) Any credit extended to an of fender shall only apply to the sentence which the
10 of fender is currently serving.
11 [ 3. ] (2) The director of the department of corrections shall issue a policy for
12 awarding good time credit and, separately , earned time credit .
13 (3) The policy [ may ] shall reward an [ inmate ] offender who has served his or her
14 sentence in an orderly and peaceable manner [ and has ] thr ough good time credi t as
15 pr ovided in subsection 3 of this section and award an offender who has successfully
16 taken advantage of the rehabilitation programs and pro ductive activities available to him or
17 her thr ough earned time cr edit as pr ovided in subsection 4 of this section .
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (4) Any major conduct violation of institutional rules [ or ] , violation of the laws of
19 this state [ may ] , par ole r evocation, or the accumulation of minor conduct violations
20 exceeding six within a calendar year shall result in the loss of all [ or a portion of any ] prior
21 credit earned by the [ inmate ] offender pursuant to this section.
22 [4. The department shall cause the policy to be published in the code of state
23 regulations.
24 5. No rule or portion of a rule promulgated under the authority of this chapter shall
25 become ef fective unless it has been promulgated pursuant to the provisions of section
26 536.024. ]
27 3. (1) Subject to subsections 1 and 2 of this section, an offender who is serving a
28 term of imprisonment of mor e than one year , other than a term of imprisonment for the
29 duration of the offender's life, may recei ve good time cred it toward the service of the
30 offender's sentence of up to fifty-four days for each year of the offender's sentence
31 imposed by the court, subject to yearly determination by the department of correct ions
32 that during that year the offender has displayed exemplary compliance with
3 3 institutional disciplinary re gulations.
34 (2) If the department of corr ections determines that during the year the offender
35 has not satisfactorily complied with such institutional regu lations, the offender shall
36 r eceive no good time credit toward service of sentence or shall recei ve such lesser credit
37 as the department determines to be appr opriate. Credi t that has not been earned shall
38 not later be granted. Cr edit for the last year of a term of imprisonment shall be cr edited
39 on the first day of the last year of the term of imprisonment.
40 4. (1) Subject to subsections 1 and 2 of this section, an offender who is serving a
41 term of imprisonment of mor e than one year , other than a term of imprisonment for the
42 duration of the offender's life, and who successfully participates in reha bilitative
43 pr ogramming or pr oductive activities shall earn ten days of earned time credi t for every
44 thirty days of successful participation in reh abilitative pr ogramming or prod uctive
45 activities.
46 (2) An offender shall not r eceive earned time cr edits under this subsection for
47 pr ograms completed prior to the date that the offender's sentence commenced.
48 (3) The department of corr ections shall specify in its policies under subsection 2
49 of this section the types of pr ograms or activities for which cr edit may be earned under
50 this section; the criteria for determining prod uctive participation in, or completion of,
51 the pro grams or activities; and the criteria for annually awarding credit. Such
52 pr ograms and activities shall include, but ar e not limited to, rece iving a high school
53 diploma or equivalent, college diploma or pr ofessional certificate, or vocational training
54 certificates, and participating in successful employment, paren ting, and financial
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55 literacy courses, alcohol and drug abuse tr eatment prog rams, and res torative justice
56 and faith-based progra ms. The department of correct ions shall include pro visions for
57 educational pr ogramming thr ough corr espondence courses.
58 (4) Beginning on January 1, 2027, eligible offenders may petition the department
59 to receiv e earned time cred it for any qualifying progra ms or activities completed after
60 January 1, 2010.
61 (5) The department of correct ions shall notify the incar cerated population of the
62 petition pro cess thr ough posted signage, electr onic notification, and thr ough staff in all
63 facilities and shall prov ide a petition form to offenders.
64 5. (1) Offenders sentenced under subsections 2 and 3 of section 558.019 shall be
65 eligible for good time credi t and earned time cred it and any cr edit earned shall be
66 subtracted fr om the offender's entir e sentence of imprisonment.
67 (2) Offenders committed to the department who are sentenced to death or
68 sentenced to life without pro bation or paro le shall not be eligible for good time credi t or
69 earned time cr edit under this section; however , the department shall record their
70 pr ogram participation in the same manner as the eligible population.
71 (3) The incentives described in this section shall be in addition to any other
72 r ewards or cr edits for which an offender may be eligible.
73 (4) Nothing in this section shall be construed to rem ove the par ole board's
74 discr etion in awarding good time credit or earned time cr edit.
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